IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI
VENKATA JYOTHIRMAI PRATAPA
Ponem Bhanu Prakash Reddy, S/o. Bhaskara Reddy A – Appellant
Versus
State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh At Amaravati – Respondent
VENKATA JYOTHIRMAI PRATAPA, J.
1. The instant petition under Section 482 of Code of Criminal Procedure, 1973['For short ‘Cr.P.C’] has been filed by the Petitioner/Accused, seeking to quash the proceedings against him in Crime No.9 of 2020 of Bhakarapet Police Station, Chittoor District, registered for the offences punishable under Sections 420 and 506 of the INDIAN PENAL CODE [For short ‘I.P.C.’]
2. The case of the prosecution, in brief, is as follows:
a. On 23.05.2014, Respondent No.2/Complainant purchased a plot from one Gundluru Maheswari vide Doc.No.l026 of 2013 of Gottikallu S.R.O for an amount of Rs.70,000/- and for the construction of two stair house in the said land, he paid an amount of Rs.21,00,000/- on installment basis to the Petitioner/Accused and entered into an agreement to that effect, But, the Petitioner has not completed the said work and caused troubles to him. When the Complainant questioned about the same, the Petitioner has not given proper reply and asked the complainant to do whatever he can.
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b. Construction of the said building was stopped in the middle, The remaining amount after deducting the cost of the construction done by the Petitioner estimated by
Criminal proceedings cannot be quashed based on allegations of a civil nature if prima facie offences are established in the complaint.
The court affirmed that criminal proceedings cannot be quashed solely on the basis that the allegations may also constitute a civil wrong, emphasizing the need for trial to determine the merits.
The main legal point established in the judgment is that when disputes between the parties constitute only civil wrong and not a criminal wrong, the Courts would not permit a person to be harassed. T....
The court emphasized that inherent powers under Section 482 of the Cr.P.C. should be exercised sparingly to prevent abuse of process and secure ends of justice, especially when allegations do not con....
The court ruled that criminal proceedings should not be used to settle civil disputes and can be quashed if they do not establish a prima facie case of criminal offence.
The court emphasized the need for sound and reasonable material, the ruling out of factual assertions, and the prevention of abuse of process of law in exercising the power under Section 482 Cr.P.C. ....
The court quashed criminal proceedings under Section 482 Cr.P.C. as the allegations did not constitute a criminal offence and were purely civil in nature.
The court held that criminal proceedings cannot continue when the underlying dispute is civil in nature, to prevent abuse of the judicial process.
Criminal proceedings should not be pursued when the dispute is purely civil and lacks essential elements of a cognizable offence, to prevent misuse of criminal law.
The court established that civil disputes should not be pursued as criminal cases to prevent abuse of legal processes.
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